“Mindless addiction to Form, ignoring the Substance of the matter, results in rendering of injustice. A perceptive civil servant is one who ignores such literalness and carries out true intent.”
Examine the above statement with suitable illustrations.

Ethics
Ethics: Theory
2024
10 Marks

In public service, rules, procedures, and guidelines (Form) are essential for consistency and accountability. However, when followed mechanically, without regard to their purpose or ethical foundation (Substance), they may lead to outcomes that are technically correct but morally unjust. The statement highlights the need for civil servants to interpret rules in light of their true intent, not merely their letter..

Rendering of Injustice due to addiction to form.

  • Denial of Welfare due to Minor Documentation Errors: Strict documentation requirement in Odisha led to denial of foodgrains to poor led to death due to starvation.

  • Violation of human dignity: migrant workers trying to reach home during COVID lackdown were beaten or fined for curfew violation. Public health protection with dignity and compassion was the intention of the order.

  • Marginalisation of vulnerabale sections: A government office complies with old building codes but remains inaccessible to the disabled.

  • Delay in justice: Waiting for court orders or formal complaints before intervening in cases of human right violations like public flogging.

  • Denial of rights: strict implementation of Forest Conservation laws has led to denial of rights to tribals and traditional forest dwellers since colonial time.

Role of Civil Servant in such circumstances

  • Upholding Rule of Law’s Spirit to ensure justice not just procedural compliance.

    Example: TN Sheshan to prevent exploitation of grey areas in law enforced MCC beyond routine interpretations to ensure fairness in election process.

  • Use of Discretion & Conscience Morally during application of rules and regulations.

    Example: Sagari Chhabra (Delhi, DM) used her overriding power to resume pension of a destitue woman lacking biometric Aadhar proof.

  • Following of maxim of Compassionate Governance to ensure Justice through empathy and understanding.

    Example: Smita Sabharwal (IAS, Telangana) to root-out inefficiencies in hospital installed public feedback system driven by empathy towards downtrodden.

  • Dedication to public service should be the value guiding execution of laws.

    Example: Armstrong Pame without waiting for a formal budetary allocation utilized his own savings and other means to provide connectivity in hill areas.

  • Guided by constitutional morality and spirit of natural justice when there is no external laws to guide behavior.

Rules are essential, but justice is their ultimate goal. A perceptive civil servant recognizes when literal rule-following causes harm and instead upholds the ethical substance of governance. True public service lies in serving the people, not just the procedure.

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